Highway Hedges and Ditches

Whose responsibility is it?

In most circumstances, trees, hedges and ditches that adjoin a highway, fall under the ownership of the adjacent landowner.  As in the example shown in the photograph.

• Roadside hedges and trees are the responsibility of the adjacent landowner
• Roadside ditches are the resonsibility of the adjacent landowner
• Verges are the responsibiliy of the  Highway Authority (Shropshire Council)
• Including grips cut into the highway verges to assist with road drainage

Shropshire Council advises:

“The Highway Authority has permissive powers to drain the highway into roadside ditches and watercourses and can cleanse and restore the profile of these ditches as appropriate and recharge the landowner where necessary. Common Law imposes a duty on the owner of land adjoining a highway to maintain these ditches that provide natural drainage for both the land and highway. In view of this in the majority of cases the responsibility for ditch maintenance rests with the adjacent landowner and this includes sections of ditches which have been culverted (piped) such as for access purposes to your property.”

Guidance on Highway Ditches, Hedges and Trees

“Shropshire householders and businesses are being encouraged to inspect their hedges and trees to check if they are creating a risk for pedestrians, cyclists and drivers by obstructing pavements and cycle paths and restricting access and visibility.

Make sure to inspect your hedges and trees. Are they extending over the footpath or edge of your property? Are they restricting access for wheelchairs, pushchairs, or mobility scooter? Are they obstructing the view for drivers and pedestrians? If that’s the case, trim them back or arrange to have them cut back as soon as you can.”

How to check your hedges

“Carrying out any maintenance work to ditches, hedges and trees under your ownership must always be done with consideration for biodiversity. Many species of plants and animals are protected under the Wildlife & Countryside Act 1981, such as the protection of nesting birds. It is therefore advised that any maintenance you carry out is planned at the most sensitive time of year, which is often deemed to be September to early March, in the case of nesting birds.”

Report flooding & overgrown hedges on Fix My Street